Firstmac Fiduciary Services Pty Limited v. Gilmour [2013] NSWSC 255

Supreme Court New South Wales

Medium Neutral Citation: Firstmac Fiduciary Services Pty Limited v. Gilmour [2013] NSWSC 255 Hearing dates: 07/03/2013 Decision date: 07 March 2013 Jurisdiction: Common Law Before: Campbell J Decision: 1. Leave for the issue of a further writ of restitution. 2. The issue of a further writ of restitution to restore to the plaintiff possession of the land comprised in folio identifier 4XXXXXX being the whole of the land situated and known as lot XX in deposited plan XXXXX at XXXXX, Local Government Area XXXXXXX, Parish of XXXX, County of XXXXX, also known as XX XXX XXXXX New South Wales, forthwith. 3. An order pursuant to r 40.7 of the Uniform Civil Procedure Rules 2005 (NSW) that a sealed copy of the Court's judgment in these proceedings of 18 July 2012 be issued with the following endorsement: "Brett Andrew Gilmour, you are served with a copy of this judgment and you are liable to imprisonment or to sequestration if you do not give possession of the land contained in folio identifier 4XXXXXX being the whole of the land situated and known as lot XX in deposited plan XXXXX at XXXXX, Local Government Area XXXXXXX, Parish of XXXX, County of XXXXX, also known as XX XXX XXXXX New South Wales (Property) to the plaintiff, or if you remain upon that Property, or if you re-enter that Property after possession has been delivered to the plaintiff." 4. An order pursuant to r. 40.7 of the Uniform Civil Procedure Rules 2005 (NSW) that service of the judgment so endorsed be effected by affixing a copy of the judgment to the property in the event that the defendant evades personal service within the next two days. 5. The defendant to pay the plaintiff's costs of and incidental to the notice of motion filed 27 February 2013. 6. These orders may be entered forthwith. Catchwords: PRACTICE AND PROCEDURE - judgments and orders - application for writ of restitution - application for order pursuant to r 40.7 Uniform Civil Procedure Rules 2005 (NSW) enabling enforcement of judgment by committal or sequestration - requirement of personal service - no question of principle. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Spies v The Commonwealth Bank of Australia (1991) 24 NSWLR 691 Category: Procedural and other rulings Parties: Firstmac Fiduciary Services Pty Limited (plaintiff) Brett Andrew Gilmour (defendant) Representation: A. Vetrova (Plaintiff) In person (Defendant) Gadens Lawyers (Plaintiff) In person (Defendant) File Number(s): 2012/00033768